Immigrants & Immigration
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What is work authorization?
Work authorization, or employment eligibility, refers to a person’s ability to legally work in the United States. US citizens are always authorized to work in the United States. In contrast, foreign nationals, or noncitizens, may be authorized to work in the US depending on their immigration status.
US employers are required to verify that all employees are authorized to work in the United States by completing a Form I-9 and reviewing documentation of work authorization within a few days of hire.
There are many types of work authorization in the United States, and noncitizens may be eligible to work in the United States if:
- They are a lawful permanent resident, also known as a green card holder.
- They hold an employer-sponsored work visa, such as an E-2, E-3, H-1B, L-1, O-1, or TN.
- They are in a dependent visa status that provides work authorization, such as E-2S, E-3S, or L-2S.
- They hold a valid Employment Authorization Document (EAD).
What is an EAD?
An Employment Authorization Document (EAD) is a document issued by United States Citizenship and Immigration Services (USCIS) to certain categories of noncitizens in the United States. It is a type of work authorization that allows a noncitizen to work in the United States on a temporary basis, typically for a period of one to five years depending on the visa category.
An EAD is issued as a plastic card, similar to a driver’s license. It contains basic information such as the holder's photo, name, date of birth, USCIS number, EAD card number, eligibility category, validity dates, and any restrictions.
Who qualifies for an EAD?
Noncitizens in the United States may qualify for an EAD, depending on their immigration status. Below is a list of common immigration statuses that may qualify for an EAD:
- Applicants for cancellation of removal,
- Asylees or refugees with a pending or approved asylum application,
- Those covered by Deferred Action for Childhood Arrivals (DACA) who need to work for financial reasons,
- Fiancé(e)s or spouses of US citizens holding a K visa,
- University-level international students looking to work in their field of study before or after graduation,
- Intending immigrants who have submitted an adjustment of status (green card) application,
- Noncitizens, including refugees, paroled into the US for urgent humanitarian reasons or reasons of significant public benefit,
- Noncitizens with a pending or granted withholding of removal application,
- Noncitizens of a country designated for Temporary Protected Status (TPS), who have applied or been approved for TPS,
- Limited categories of spouses of noncitizens with work visas, including H-4 spouses in certain circumstances, and
- Victims of violence or crimes with a T or U visa or being a VAWA self-petitioner.
If you are not in any of the above EAD categories, you may still qualify for an EAD if you fall within one of the less common categories. The USCIS website has a complete list of the EAD eligibility categories.
How to apply for an EAD?
To apply for an EAD, you must file Form I-765, Application for Employment Authorization with USCIS, along with the following required documents:
- A copy of your Form I-94, Arrival and Departure Record,
- A copy of your last EAD, if applicable,
- A copy of a government-issued identity document, such as a passport , state ID, or driver’s license, if you were never issued an EAD, and
- Two identical US passport-style photos of you.
You must also submit additional documents depending on your EAD eligibility category.
You can file the EAD application online or by paper. To file the EAD online, you need to create a USCIS account.
Effective April 1, 2024, the general EAD filing fee for an online application is $470, and for a paper application, it is $520. If you cannot afford the application fee, you can request a fee waiver. Based on the EAD eligibility category, you may also be exempt from paying the filing fee or qualify for a reduced fee. Find the specific fee schedule here.
If you are filing your EAD application with other immigration applications, make sure that you write separate checks or fill out separate credit card debit forms for each application. USCIS will reject your entire package if you submit a single, combined payment for multiple applications.
If you are filing the EAD by paper, you can find the filing address on the USCIS website. The mailing address for your paperwork depends on your EAD eligibility category.
Can I request a Social Security Number (SSN) in my EAD application?
Foreign citizens who are authorized to work in the United States usually need a Social Security Number (SSN) for employment and taxation purposes. USCIS encourages you to apply for an SSN in your EAD application if you do not have one. If you request an SSN in your EAD application, your SSN card will be mailed separately from your EAD card to the address you listed on your EAD application. You should receive your SSN card within seven business days after you receive your EAD card.
If you do not have an SSN or did not request one on your EAD application, you must go to the Social Security Administration office after you receive your EAD card to apply for an SSN. You can find more information here.
What happens after the EAD filing?
You should receive a notice from USCIS confirming that they have received your EAD application. Use the receipt number indicated on the receipt notice to check the status of your EAD online.
After your EAD is approved, USCIS typically takes one to two weeks to create and mail you the EAD card. If you do not get your EAD card within 30 days of approval, you can visit e-Request - Self Service Tools (uscis.gov) to submit an inquiry.
What if my EAD card is expired?
Most EAD categories allow you to file Form I-765 with USCIS up to six months before the EAD expiration date to renew your work authorization. Some EAD categories are given an automatic extension if a renewal application is timely filed before the current EAD expiration date, but this is not the case for all categories. If your EAD has expired, you should speak to your employer or immigration attorney to determine your eligibility to work in the United States.
What if my EAD card is lost, stolen, damaged, or has wrong information?
To replace a lost, stolen, or damaged EAD card, you may file a new Form I-765 with USCIS. If your EAD card has wrong information, like the incorrect spelling of your name, you can also file Form I-765 with USCIS to request a new card with the correct information.
For the most up-to-date information about applying for work authorization, please check the USCIS Form I-765 website.
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